Richard Lloyd – Court Ruling (United Kingdom, 2021)

Court Ruling
DPA EWCA10 November 2021United Kingdom
final
Court Ruling

Google secretly tracked iPhone users by bypassing Safari's privacy settings, collecting data without consent. This led to a class action in the UK seeking damages for affected users. The case underscores the importance of respecting user privacy settings and obtaining consent before tracking.

What happened

Google bypassed iPhone privacy settings to track users with cookies without their consent.

Who was affected

iPhone users in England and Wales who were tracked by Google's cookies without their knowledge.

What the authority found

The court case was filed to seek damages for the unauthorized tracking, highlighting the violation of privacy rights.

Why this matters

This case serves as a reminder for companies to respect user privacy settings and obtain consent, as failure to do so can lead to significant legal and financial repercussions.

National Law Articles

Rule 19.6 of the Civil Procedure Rules
Section 13 of the Data Protection Act 1998
Section 14 of the Data Protection Act 1998
Section 4(4) of the Data Protection Act 1998
Rule 19.11 of the Civil Procedure Rules
Decision AuthorityUKSC
Reviewed AuthorityEWCA (UK)
Full Legal Summary
Detailed

Google secretly tracked Apple iPhone users between late 2011 and early 2012 and using their data collected in that way for commercial purposes. Google bypassed privacy settings on Apple iPhones and the default blocking of third party cookies on Safari with its “DoubleClick Ad” cookie by relying on an exception devised by Apple. Google placed this cookie without the user’s knowledge or consent. This cookie was enabled if users visited a website that included DoubleClick Ad content (advertising content). The cookie identified visits by a specific device on websites using this advertising content, including data and time of visit; time spent by the user on the website; what advertisement was viewed for how long; and using IP address, the user’s geographical location. As a result, Google could infer the user’s internet surfing habits, location, as well as interests, race or ethnicity, social class, political or religious beliefs, health, sexual interests, age, gender and financial situation. Google then used this aggregated information to give them labels (eg “football lovers”) and eventually offering these group labels to advertising organisations looking to target specific groups when using Google’s DoubleClick service. This allegation was brought in the US and Google settled a charge of $22.5 million with the US Federal Trade Commission and $17 million to settle consumer based actions in the US. Three individuals in the UK sued Google in 2013 for the same allegation and their claim was settled by Google (Vidal-Hall v Google Inc). Lloyd has filed a claim before the UK courts on behalf of everyone that resides in England and Wales and owned an Apple iPhone at the time of the secret tracking. Lloyd filed this class action with the intention of recovering damages for more than 4 million people affected. He claimed that compensation (£750 suggested) should be awarded under the Data Protection Act 1998 for loss of control of personal data without having to demonstrate

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Violations (2)

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Related Cases (0)

No other cases found for Richard Lloyd in UK

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

10 November 2021

Authority

DPA EWCA

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0

Cite as: Cookie Fines. Richard Lloyd - United Kingdom (2021). Retrieved from cookiefines.eu

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